Judicial Processing - Identifting Individuals Requiring Fingerprinting - Fingerprinting of Juvenile Delinquent and Juvenile Offender Arrestees
Authority: Penal Law Section 10.10 and Family Court Act Section 306.1.
1. Juvenile Offender charges in the Penal Law 10.10 are:
Juvenile Offender Fingerprintable Charges Table
| Age of Person | Penal Law Section | Subdivision | Description |
|---|---|---|---|
| Thirteen Years Old | 125.25 |
one |
murder in the second degree |
125.25 |
two |
murder in the second degree | |
| Fourteen or Fifteen Years Old | 125.25 |
one
and two |
murder in the second degree |
125.25 |
three |
murder in the second degree provided that underlying crime is one for which person is criminally responsible | |
135.25 |
kidnapping in the first degree | ||
150.20 |
arson in the first degree | ||
120.10 |
one
and two |
assault in the first degree | |
125.20 |
manslaughter in the first degree | ||
130.35 |
one
and two |
rape in the first degree | |
130.50 |
one
and two |
sodomy in the first degree | |
130.70 |
aggravated sexual abuse | ||
140.30 |
burglary in the first degree | ||
140.25 |
one |
burglary in the second degree | |
150.15 |
arson in the second degree | ||
160.15 |
robbery in the first degree | ||
160.10 |
two |
robbery in the second degree | |
265.02 |
four |
criminal possession of a weapon in the third degree on school grounds | |
265.03 |
criminal possession of a weapon in the second degree on school grounds |
2. Juvenile Delinquent Charges Listed Under Family Court Act 306.1 are:
a. A person aged 11-12 years
• Class A or B felony.
b. A person aged 13-15 years
• Any felony
3. Probation departments, presentment agencies and family courts should make referrals of juveniles to arresting agencies if the juvenile has not been fingerprinted as required by law. These agencies should contact arresting agencies if they do not receive evidence (i.e., Criminal Justice Tracking Number [CJTN]) that fingerprinting has occurred when required.